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The Honolulu Advertiser
Posted on: Thursday, March 5, 2009

Motta says he fired gun in fear

By Jim Dooley
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Ethan “Malu” Motta

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A relaxed Ethan "Malu" Motta took the witness stand yesterday in the Pali golf course murder case, admitting that he shot two men, one of them fatally, but that he acted in self-defense.

Motta, 40, is accused of federal racketeering crimes, including murder and extortion, connected to collection of "protection" payments from illegal gambling games in Honolulu in 2003 and 2004.

Motta denied any involvement in, or receiving money from, illegal gambling activities.

Motta said he feared for his life when he shot Tinoimalu Sao in the face and Lepo Utu Taliese in the back during a meeting with the men Jan. 7, 2004, in the parking lot of the Pali municipal golf course in Windward O'ahu.

Sao recovered from his wounds and testified against Motta and co-defendant Rodney Joseph Jr. earlier in the trial.

Taliese and another man, Romilius Corpuz Jr., died of gunshot wounds suffered in the shooting.

None of the victims was armed.

Under cross-examination by Assistant U.S. Attorney Thomas Brady, Motta disputed the contents of a tape-recorded conversation he had with his cousin, FBI informant Jonnaven Monalim, on Oct. 30, 2004, in which Motta appeared to implicate himself and Joseph in the shootings and showed detailed knowledge of the illegal gambling business.

Motta said the government's transcript of what was said was inaccurate and that much of his knowledge about the gambling business came to him after he was arrested for the shootings and was incarcerated with Joseph while awaiting trial. The tape recording was made in late 2004, after Motta had been released on $1 million bail.

He assured Brady and the jury that a more accurate transcript would be presented by the defense.

'BE CAREFUL'

Motta testified that he rode in a car with Joseph to the golf course and when they arrived, Joseph got out of the car with a handgun tucked in his waistband.

He said Joseph took a small handgun out of the glove compartment in the car and placed it on the front seat before exiting the vehicle, telling Motta to "be careful."

Motta did not testify about the reasons for the golf course meeting and said he was only along for the ride after meeting Joseph, his cousin, earlier in the day at a Windward O'ahu funeral of the father of a close friend, Raymond Gomes Jr.

Sao, Taliese and Corpuz arrived in a van and Motta said there was "tension" in the air at the parking lot.

When Sao approached him, Motta said, they shook hands and embraced.

He then heard Taliese shouting in Samoan behind Sao and saw a truck approaching with "a bunch of guys in it."

That's when Motta pushed Sao away, pulled the gun out of the car and shot Sao, he said.

"I fired twice," Motta said. "I didn't know at the time that I had hit anyone."

Motta said he "fired again" as Taliese approached him, then fired "three more times in the direction of Lepo, who was running away."

He later said he did not purposely shoot Taliese in the back while he was running away.

"I never intended to shoot anybody. I was scared," Motta said.

Motta said he never saw Joseph fire a gun, but did testify that he saw co-defendant Kevin "Pancho" Gonsalves fire a gun multiple times and "act crazy" during the parking lot confrontation.

Gonsalves has pleaded guilty in the case and is serving a 271/2-year sentence.

Joseph declined to testify during the trial.

Motta's defense lawyer, Charles Carnesi of New York, called Gomes to the witness stand but he invoked his 5th Amendment rights and declined to testify.

VIOLENT DISPUTES

Gomes is also a defendant in the case but is awaiting sentencing after earlier pleading guilty to racketeering and gambling charges.

Motta said Gomes had called him in late 2003 and asked him to help mediate violent disputes that had broken out between rival groups providing protection to gambling games.

He said he tried to help from his home on the Big Island by calling an uncle of the leader of a rival gambling-protection crew.

Under cross examination by Brady, Motta denied earlier testimony from defense witness Dennis Tadio, who said Motta had admitted involvement in the shootings and the gambling business.

Motta also denied that he had helped collect protection money for an organized crime group headed by Joseph's uncle, Charles Stevens.

Brady asked him if he had worn a Hawaiian cape he had made for Stevens while making those collections, drawing derisive laughter from Motta and members of his family seated in the audience.

"Somebody's been watching too many Superman movies if you ask me," Motta said.

Tadio earlier testified that Motta called Stevens his uncle but Motta's mother, Elizabeth, said Motta was not related to Stevens, who died in federal prison in 1999.

Stevens' obituary identified Motta as a "hanai son" of Stevens.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.